Kansas takes marijuana prohibition very seriously and is one of the most restrictive states when it comes to cannabis, even going so far as to limit CBD products to a THC content of 0%.
Have you wondered "Is Delta 8 Legal?" Just because laws surrounding marijuana and paraphernalia are extremely strict doesn't mean there isn't a legal alternative to marijuana in Kansas, right?
Read on to learn how Delta 8 could be the saving grace for those looking for a legal alternative to cannabis use in Kansas.
Is Delta 8 legal in Kansas?
Yes, Delta 8 is legal in Kansas to use, possess, sell, distribute, produce, and manufacture. This is possible because Kansas law aligns with the Agriculture Improvement Act, often referred to as the 2018 Farm Bill, which legalized industrial hemp and its derivatives at the federal level.
With the passing of the 2018 Farm Bill, industrial hemp became legal and is classified as such when the cannabis plant contains less than 0.3% Delta 9 THC content on a dry weight basis. This officially removed hemp derived cannabinoids like Delta 8 THC from the list of controlled substances.
However, not everyone in Kansas sees it this way... Kansas Attorney General Derek Schmidt sees things otherwise. Does Schmidt's opinion have an actual impact on the legal status of Delta 8 in Kansas?
Delta 8 legislative history in Kansas
Since the passing of Senate Bill 282, which fully legalized all hemp compounds in May of 2018 in the state, Kansas residents have been able to experience a high without risking prosecution, much like they would be if they chose to consumer illegal marijuana derived products.
While Delta 8 THC remains fully legal under Kansas state law. That doesn't mean the current legal status of Delta 8 in Kansas has not come up against some resistance, however. Currently, some would consider Delta 8 legality to be a legal grey area.
This unsurety comes from the fact that the Kansas Attorney General issued a statement back in December of 2021 claiming that Delta 8 was illegal when sold in hemp products like vapes, cigarettes, and teas and would be considered controlled substances.
It is unclear if he was misinformed because following this statement, he continued, saying that hemp products that contain less than 0.3% Delta-9 THC are legal. Regardless of his stance on the matter, the fact is that it was simply his opinion and opinions alone do not create or change laws.
Where to Buy Delta 8 THC in Kansas?
Purchasing Delta 8 THC products is still legal in Kansas, and you can find hemp products for sale both in store and online. Kansas does regulate that you must be 21 years or older to purchase Delta 8 however.
Even though you can find Delta 8 in many major cities in Kansas such as Wichita, Overland Park, Kansas City, and Olathe, many choose to bypass their local vape shops and instead go the more convenient route, buying Delta 8 online. You can then have your products shipped directly to their door, how easy is that?
Not only is buying Delta 8 online easier, but it is almost always more cost effective and gives you far more options, allowing you to fully vet and find a reputable retailer without being limited to the options in your local area.
What to Look for When Buying Delta 8 Online in Kansas
Truth be told, there are a lot of low-quality and shady companies selling Delta 8 in Kansas today. It's important to be cautious of convenience stores, head shops, gas stations, and some CBD stores which may be selling subpar quality products.
Quality and transparency should be paramount when shopping for anything that you will be putting in your body. Everyday Delta not only believes this but is committed to vetting every single vendor we carry to prevent low-quality, contaminated, improperly labeled, or dangerous cannabis products from ever ending up in customers hands.
You also have the ability to preview every third-party lab report to confirm the products you are buying are pure, safe for consumption, and meet all federal legal requirements. These test results give protect consumers and give peace of mind that the products you are consuming do not contain harmful chemicals and by-products such as vitamin e acetate.
Which product types are not legal in Kansas?
Delta 8 THC can be either legal or illegal in Kansas depending on one key factor. That factor is its source. Hemp derived Delta 8 is legal as long as the end product is compliant with federal laws containing no more than 0.3% Delta 9 THC.
Marijuana derived Delta 8 products on the other hand are illegal under both the state and federal laws in Kansas.
Is recreational marijuana legal in Kansas?
No, currently recreational marijuana is illegal in Kansas. The use, possession, purchase, sale, distribution, and production of cannabis is prohibited under the strict cannabis laws in the state.
Possession of cannabis in small quantities alone is a misdemeanor and is punishable by up to six months in jail along with a maximum fine of $1,000. Get caught with larger quantities, now you're talking about facing up to 42 months in jail and a maximum fine of $100,000.
However, following the trend of many other major cities across the US, state lawmakers in one major city in Kansas has decimalized cannabis possession. In 2015, the city of Wichita decriminalized the possession of cannabis after getting approval from the City of Wichita Marijuana Decriminalization Initiative.
This initiative lowers the penalty for first time offenders from a misdemeanor to a criminal infraction with a $50 fine. Outside of that you will find that criminal punishments for recreational marijuana use are the same as they are for medical cannabis.
Is medical marijuana legal in Kansas?
Medical marijuana is not legal in Kansas. Under the state law, use, possession, sale, purchase, distribution, and production of cannabis with the intention to be used for or sold as medical cannabis is illegal.
In fact, Kansas is one of only three states that do not even offer a medical marijuana program of some kind. Laws surrounding the possession and use of medical marijuana remain very strict.
Possession of any amount of cannabis even for medicinal purposes is considered a class B misdemeanor with up to six months in jail and a maximum fine of up to $1,000.
Getting caught with larger amounts, in this case 450 grams or more is considered intent to distribute and is therefore a Level 5 felony, coming with up to 42 months in prison and up to a $100,000 fine.
These strict cannabis laws also apply to growing cannabis, if you are caught cultivating weed in Kansas (between 4 to 50 cannabis plants) it is considered a Level 3 felony and you could be facing anywhere from 46-83 months in prison along with a fine of up to $300,000.
What does the future of Delta 8 THC look like for Kansas?
With constantly evolving laws, what is locally and federally legal today might not always be legal in the future. However, for cannabis users in Kansas the future of hemp looks promising. There is currently no upcoming state legislation that could alter the legality of Delta 8 THC.
Our view is that the future of Delta 8 THC and the cannabis industry as a whole is dependent on resellers selling only high-quality delta 8 products backed with lab reports that fall in compliance with federal law.
Failure to do this will hurt the hemp industry and result in posing a public safety concern which will spark further regulations and restrictions.
Frequently Asked Delta 8 Questions?
Is Delta 8 legal in Kansas?
Yes, Delta 8 THC is legal in the eyes of state and federal law in Kansas as long as it is derived from hemp and contains no more than .3% Delta 9 THC on a dry weight basis.
Is CBD legal in Kansas?
Yes, CBD derived from industrial hemp is legal under Kansas state law. The exception to this would be any CBD products derived from cannabis with a THC content above the federally allowed amount.
Can you pass a drug test with Delta 8 in Kansas?
No, because Delta 8 THC is a form of THC. THC metabolites will be present in your body when using Delta 8. Standard drug tests do not differentiate between THC that is legally derived from hemp or THC derived from marijuana.
Can you travel to Kansas with Delta 8?
Because state law allows the use and possession of Delta 8, you can travel to and within the state with Delta 8 legally as long as the products are hemp derived. You cannot travel to or possess marijuana or marijuana derived THC while in Kansas.
Is possession with Delta-8 a felony in Kansas?
No, hemp derived Delta-8 THC in Kansas is legal in both state and federal law ever since the passing of the 2018 Farm Bill.
You should keep in mind that local law enforcement may have a tough time identifying Delta 8 products. It is in your best interest to keep all products in their original packaging which should include a QR code to lab testing, proving that product is in fact a federally compliant industrial hemp product.
Final Thoughts, Delta 8 in Kansas
It didn't take long for Delta 8's popularity to skyrocket. At around 50% the potency of Delta 9 and an even lower risk of unwanted side effects such as anxiety and paranoia, hemp products like Delta 8 THC have quickly become a favorite amount both beginners and sensitive cannabis users.
And while Kansas lawmakers have yet to make the push to legalize weed on the state level, at least they have allowed Delta 8 to remain a viable option for Kansas residents who may be looking from the many potential therapeutic benefits hemp products like Delta 8 have to offer.
If you are in Kansas and are looking for Delta 8 THC products, they are best to be bought through a reputable online store. Companies like Everyday Delta are here if you want to ensure you are getting top-tier quality hemp products at affordable prices.
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